RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00894
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her General (Under Honorable Conditions) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
Her discharge was based on homosexuality being incompatible with
military service.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 9 Jun
86.
On 25 Jan 88, the applicants commander notified her of his
intent to discharge her for homosexuality under the provisions
of AFR 39-10, Separation Upon Expiration of Term of Service, for
Convenience of Government, Minority, Dependency and Hardship,
Chapter 5, paragraphs 5-35a and 5-35b.
On 5 Feb 88, the Base Staff Judge Advocate reviewed the case and
found it legally sufficient.
On 12 Feb 88, the discharge authority approved a General (Under
Honorable Conditions) discharge.
On 18 Feb 88, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 1 year, 8
months, and 10 days of active service.
The remaining relevant facts pertaining to this application are
described in the memoranda prepared by the Air Force offices of
primary responsibility (OPR), which are included at Exhibits C
and D.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends approval.
Although the discharge was properly processed in according to
the applicable regulations, the applicants discharge indicates
it was based solely on Dont Ask, Dont Tell.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
AFPC/DPSOA recommends approval.
On 20 Sep 11, the Under Secretary of Defense issued guidance to
repeal Dont Ask, Dont Tell (DADT). The guidance states
request to change the RE code to 1J should be granted for
members separated under DADT or similar policy that did not
involve aggravating factors. A thorough search of the
applicants record did not review any aggravating factors.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 22 Sep 14 for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice warranting
relief. The applicant is requesting her discharge be upgraded
to honorable based on the repeal of DADT. No evidence has been
presented which would lead us to believe her discharge was
improper or contrary to the directive under which it was
effected at the time of his separation. However, in light of
the repeal of Dont Ask, Dont Tell (DADT) and the applicants
record of performance, it would be appropriate to upgrade her
discharge to honorable. In a memorandum, dated 20 Sep 11, the
Under Secretary of Defense published guidance that Service
Discharge Review Boards should normally grant requests to re-
characterize the discharge to honorable if the following
conditions are met: (1) the original discharge was based solely
on DADT or a similar policy in place prior to enactment of DADT
and (2) there were no aggravating factors in the record, such as
misconduct. Based on our review of the evidence of record, the
applicants discharge meets these requirements. Therefore, we
recommend the applicants record be corrected as indicated
below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that on
18 Feb 88, she was discharged with a narrative reason for
separation of Secretarial Authority a separation program
designator code of JFF, an RE code of 1J and a service
characterization of Honorable.
The following members of the Board considered AFBCMR Docket
Number BC-2014-00894 in Executive Session on 13 Jan 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00894 was considered:
Exhibit A. DD Form 149, dated 27 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 10 Apr 14.
Exhibit D. Memorandum, AFPC/DPSOA, dated 20 May 14.
Exhibit E. Letter, SAF/MRBR, dated 22 Sep 14.
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